Citation Nr: 21072517 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 19-36 117 DATE: December 3, 2021 ORDER Service connection for degenerative arthritis of the lumbar spine is granted. FINDING OF FACT Resolving all doubt in the Veteran's favor, the Veteran's degenerative arthritis of the lumbar spine had its onset in and is related to service. CONCLUSION OF LAW The criteria for service connection for degenerative arthritis of the lumbar spine have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marines Corps from October 1964 to October 1968, including service in the Republic of Vietnam. His decorations include the Combat Action Ribbon. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in March 2021 and August 2021when it was remanded for additional development. Service Connection In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. The Veteran reports that service connection is warranted for his low back disability because the disability started while he was in service. Specifically, he reported injuring his back after falling several times in service during combat. Additionally, he stated that he was not allowed to seek medical treatment at the time, but he continued having back problems thereafter and he self-treated his back problems until he was prescribed medications. See October 2016 Veteran statement; see also April 1999, June 2017 VA medical treatment record; March 2017 VA examination. Indeed, VA medical examiners have opined that it was likely that he suffered from low back strains in service. See April 2021, September 2021 VA examinations. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. See Alemany v. Brown, 9 Vet. App. 518 (1996). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA's policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a). The Veteran has been diagnosed as having degenerative arthritis of the lumbar spine. See March 2017 VA examination. Thus, the Veteran has a current condition, and establishes the first element for service connection. Additionally, the Veteran has credibly reported back problems in service and self-treatment thereafter. The Board acknowledges a September 2021 negative nexus opinion as to the etiology of the Veteran's low back disability. The rationale was that his current diagnosis was related to aging and not his conceded falls and strenuous activity in service. However, consistent with the Veteran's reports, the evidence of record shows that the Veteran's low back disability is related to service, and thus, service connection is warranted. The Board finds that the medical and lay evidence linking the Veteran's low back disability to service is probative, competent and credible. The evidence shows that the Veteran's low back disability is related to service, thus, service connection is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that "the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty"); see also 38 C.F.R. § 3.303(a) (Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces). Further, the Board also finds that the competent and credible medical and lay evidence shows that his low back problems began during service and have been recurrent since that time. The Veteran is competent to report his low back symptoms that began in service and the Board finds the Veteran's statements credible. See 38 C.F.R. § 3.159(a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno v. Brown, 6 Vet. App. 465 (1994). The Board finds that the lay evidence is consistent with the other evidence of record, medical and lay, and further finds that it is competent and credible. In light of the competent lay and medical evidence, linking the onset of the Veteran's low back disability to service, and resolving all reasonable doubt in the Veteran's favor, the Board finds that service connection for the Veteran's low back disability is warranted because his low back disability had its onset during his period of military service. As such, service connection for degenerative arthritis of the lumbar spine granted. See 38 C.F.R. § 3.303. Jarrette A. Marley Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Alvarado- Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.